Recall General Mark Milley to Active Duty
Then Court-Martial Him
The 2000 presidential election results were extremely close and contentious. After it was settled, the Clinton-to-Bush transition into the White House and the adjacent Eisenhower Executive Office Building began. It didn’t go well.
Clinton White House staffers perpetrated pranks such as leaving desk drawers filled with Gore campaign stickers. Okay, that’s funny. One might applaud a good sense of humor. But they also engaged in misbehavior and even criminal conduct. In its investigation, the Government Accountability Office stated, “Any intentional damage at the White House complex, which is a national treasure, is both inappropriate and a serious matter.”
It was more than a handful of incidents, according to the GAO. Offices were trashed, holes were punched in walls, as many as 21 pieces of furniture were broken, keys were broken-off in locked drawers, and doorknobs were removed. About 30 telephones had their cords ripped from the walls, graffiti was written on walls, drawers were glued shut, presidential seals and signs were missing, dozens of cell phones, cameras and TV remotes were stolen, and vulgar or obscene voice mail greetings were recorded on desk phones many of which had their number labels removed. And nearly half of 64 computer keyboards had the ‘W’ key removed in a knock against incoming president, George W. Bush.
Despite the intentional acts, the Bush administration took no action against those who committed vandalism, and destruction and theft of government property. At the time, I thought that was correct approach: take the high road and get on with the nation’s business.
In retrospect, the ‘do-nothing’ approach was wrong. Allowing someone to get away with criminal activity on that level only emboldens the next group to take it one step further. It becomes the camel’s-nose-under-the-tent syndrome.
This came true during the Barack Obama presidency. During his first year in office, Obama’s administration hatched a plan to order federally-licensed firearms dealers in Arizona to facilitate the illegal sale of firearms to straw purchasers.
When the operation was later exposed, the Obama administration claimed it was attempting to track illegal gun purchases by drug cartel members in Mexico. This was an odd explanation since most senior cartel members were already known to US and Mexican officials. And there wouldn’t have been illegal straw purchases if the Bureau of Alcohol, Tobacco, and Firearms hadn’t pressured gun shop owners to make questionable sales. There have been suggestions the scheme was a false-flag operation to enable stricter gun ownership laws.
Less than 100 of the more than 2,000 guns sold were ever recovered, according to the Justice Department Inspector General. The illegally-sold guns were used in dozens of crimes, resulting in the death or wounding of 300 Mexican citizens and US Border Patrol Agent Brian Terry. Among the Mexicans killed was the brother of a state prosecutor, and a local beauty queen killed during a gun battle.
The Justice Department was uncooperative with oversight investigations in the House and Senate over the botched and deadly operation known as “Fast and Furious.” In 2012, the House filed a request for Attorney-General Eric Holder to be held in contempt of court for refusing to turn-over unprivileged documents to Congress, as ordered by a federal court. US District Judge Amy Berman Jackson (appointed by Barack Obama in 2011) dismissed the contempt request. (Jackson is among the federal judges ordering prison time for January 6 protestors who were charged with non-violent actions such as committing a public disturbance, civil disobedience, and trespassing on Capitol grounds.).
A decade later, Joe Biden’s Attorney-General Merrick Garland refused to comply with a 2024 congressional subpoena and was hit with a contempt of Congress charge. The Justice Department, which reports to Garland, refused to enforce it.
(Backstory: Congressional investigators were attempting to determine Biden’s mental acuity following a special counsel investigation. If Garland had complied and Biden’s cognitive decline was made public sooner thereby hastening an earlier candidate transition then Democratic presidential nominee Josh Shapiro might have beaten Republican candidate Donald Trump. Karma.)
Now is not the time to take the George Bush approach and let bygones be bygones. One side believes it cannot be held accountable. So far, it hasn’t been.
On the first day he is inaugurated, Donald Trump should order General Mark Milley, US Army (Retired) recalled to active duty to face a court martial. Milley’s list of Unformed Code of Justice violations as a member of the military services is long.
According to a published account not disputed by Milley, he took action contrary to his oath of office while serving as Chairman of the Joint Staff. Milley reportedly bragged he was withholding presidential access to the nuclear triggers. Milley also claimed he was implementing his own foreign policy agenda with Chinese military leaders. The oath of office does not include an exception for commissioned officers – even 4-star generals – to freelance even if one arrogantly thinks he knows better.
Further, it was revealed Milley was disrespectful toward the Commander-in-Chief while he was serving on active duty. It is generally accepted military retirees have more freedom to insult the Commander-in-Chief, but do so while still in uniform is a violation of good order and discipline, and the UCMJ.
Thus far, it appears Milley violated UCMJ Articles 88, 94, 133 and 134.
A court-martial is appropriate under Article 88 for “[a]ny commissioned officer who uses contemptuous words against the President.”
Under Article 94 (Mutiny or sedition) applies to a servicemember who
(1) with intent to usurp or override lawful military authority, refuses, in concert with any other person, to obey orders or otherwise do his duty or creates any violence or disturbance is guilty of mutiny; (2) with intent to cause the overthrow or destruction of lawful civil authority, creates, in concert with any other person, revolt, violence, or disturbance against that authority is guilty of sedition; (3) fails to do his utmost to prevent and suppress a mutiny or sedition being committed in his presence, or fails to take all reasonable means to inform his superior commissioned officer or commanding officer of a mutiny or sedition which he knows or has reason to believe is taking place, is guilty of a failure to suppress or report a mutiny or sedition.
Article 133 (Conduct Unbecoming an Officer and a Gentlemen) should be a no-brainer, considering the behavior Milley has acknowledged.
Every action and inaction in the military has consequences, from relatively insignificant to grievous. Milley might be vulnerable to Article 134 known as the General Article. It cites “disorders and neglects to the prejudice of good order and discipline in the armed forces, [and] all conduct of a nature to bring discredit upon the armed forces.”
Milley appears vulnerable to Article 134 under the previous behaviors cited, and possibly for his role as the nation’s senior military officer in the complete break-down of military recruiting and retention. Today’s military is probably the least-prepared since December 7, 1941. Indeed, this is a complicated issue and there are many contributing factors to the military’s dire personnel shortages. Still, Milley’s many public statements and actions may have dissuaded countless young adults from joining up.
A retired two-star admiral shared with me an episode in the summer of 2023. He was speaking to several dozen young men and women and their parents about possible military service. After the formal presentation he was stunned to hear from many families they would delay enlisting until after the then-current leadership was gone.
Words have consequences. Milley made derogatory comments about the young adults that have historically formed the backbone of the military services. He also endorsed implementing critical race theory in military instruction. Milley implying white servicemen and women are racist does not foster a healthy environment to recruit new enlistees or to retain those whose first hitch is up. Milley’s inappropriate comments are a violation of the military’s dereliction-of-duty principles.
These many violations by General Mark Milley are deserving of facing harsh consequences. Court-martialing Milley would also send a message to others that strict adherence to their oath of office and respect for the chain-of-command is mandatory.
Mark Hyman is an Emmy award-winning investigative journalist. Follow him on Twitter, Gettr, Parler, and Mastodon.world at @markhyman, and on Truth Social at @markhyman81.
His books Washington Babylon: From George Washington to Donald Trump, Scandals That Rocked the Nation and Pardongate: How Bill and Hillary Clinton and their Brothers Profited from Pardons are on sale now (here and here).
Brilliant analysis, Shipmate!